Legal in Cali?

[ke6guj]

Wait for all guns or just shotguns? I have a AK under folder that is 27 with the muzzle break on it does that mean its legal? with the stock folded? I thought it was OAL of 30+???

give me the good news!!

I was talking about SBS/SBR laws, not AW laws. CA has SBS/SBR law that says that <26" is illegal. Case law has determined that that OAL measurement is done with the stock folded/collapsed.

The AW 30" rule is separate from that, but it is assumed that that existing case law would apply to the 30" rule as well.

I would assume the legal length in a fire-able condition.

here is the case law on the subject, http://www.constitution.org/2ll/bard...e_v_rooney.txt

some key points:

It would defeat the purpose of the statute to
allow possession of weapons that can be concealed during part of a
criminal enterprise and only extended for more reliable use when
needed. [footnote 2]

That a fixed stock is included in the measurement
of a conventional rifle in no way compels the conclusion that a
detachable or folding stock-which can be easily moved to make the
weapon concealable-must be so included. Indeed, to hold that a
detachable or folding stock must be included would be contrary to
section 12020 subdivision (c)(2)(C), which includes within the
definition of short-barreled rifle "any weapon made from a rifle
(whether by alteration, modification, or otherwise) if that weapon
has an overall length of less than 26 inches or a barrel or barrels
of less than 16 inches in length."

These cases do not
stand for the proposition that detachable or folding stocks must
always be included in the measurement of a firearm, but rather that
a concealable weapon which can very easily and quickly be made
shoulder-fireable is illegal. To find illegal a shoulder-fireable
weapon which can quickly and easily be made concealable is
consistent with those rulings, and with the purpose of the law.
The judgment is affirmed.

[Utha Schleigle]

Thank You - usefull information.

[Hilldweller]

These cases do not
stand for the proposition that detachable or folding stocks must
always be included in the measurement of a firearm, but rather that
a concealable weapon which can very easily and quickly be made
shoulder-fireable is illegal. To find illegal a shoulder-fireable
weapon which can quickly and easily be made concealable is
consistent with those rulings, and with the purpose of the law.
The judgment is affirmed.

So, you have an Remington 870 with an 18" barrel, the total measurement from tip to end on the frame and barrel assembly is 25" - so no matter what you add to it (pistol grip wise) will take it above the 26" benchmark - making it legal to replace the stock with a pistol grip right?

However the third quote seems to indicate that if you mounted one of those old "LE Only" folding stocks on it, then it would become illegal - right?

Thanks for any clarification.

Signed, Dazed and Confused.......again.....

[crackerman]

Hild and utha. A weapon should be measured along the axis parrell to the barrel from permanent muzzle end to end of stock or pistol grip. A stock 870 should be measured with a pistol grip or stock since the receiver with nothing to hold onto is unfireable (realistically).

Utha barrel measure from breech means you close the action and stick a rod down the barrel. Measure the rod from where is sticks out the permanent muzzle end that length is your lrgal barrel length

[Barbarossa]

Wait is that a bedazzled AK with a 2x4 stock?